Stealing Isn’t a Crime When Police Do It

Civil asset forfeiture gives “highway robbery” a whole new meaning.

The Sixth Circuit Just Made Nationwide Same-Sex Marriage Even More Likely, And Closer To Reality

An unsurprising ruling from the Sixth Circuit Court of Appeals that only seems to bring closer the day when same-sex marriage will be legal nationwide.

Kaci Hickcox Threatens To Sue Maine Authorities Over Ebola Quarantine Order

We may have our first legal challenge to an Ebola quarantine order by tomorrow

Ebola And Mandatory Quarantines: A Delicate Balance Between Personal Liberty And Public Safety

Mandatory quarantines are a massive violation of personal liberty. We ought to be careful in how, when, and why we impose them and who they are directed toward.

Gun Rights, Mental Health, And A Denial Of Due Process

New York State’s gun law takes rights away from nearly 35,000 people without any due process whatsoever.

Political Pressure Grows For An Ebola Travel Ban, But The Argument For One Remains Weak

A travel ban sounds like a simple solution to a complex problem. Like most simple solutions, though, it becomes far less appealing when you think about the details.

9th Circuit Strikes Down Same-Sex Marriage Bans In Idaho And Nevada

Two more states are added to the list, with another three likely not far behind.

Seventh Circuit Strikes Down Indiana And Wisconsin Bans On Same-Sex Marriage

Another Federal appellate Court has struck down state law bans on same-sex marriage, but the only thing that matters now is the Supreme Court.

DNA Evidence Clears Two Men After 31 Years, Including One Who Was Sentenced To Die

Two men in North Carolina are free after spending 31 years in prison for a crime they didn’t commit.

James Brady’s Death Ruled A Homicide

Could John Hinckley, Jr. face murder charges 30 years after his attempted assassination of President Reagan?

Federal Appeals Court Strikes Down Virginia’s Same-Sex Marriage Ban

Another Circuit Court of Appeals has weighed in on the marriage equality debate.

10th Circuit Strikes Down Oklahoma’s Ban On Same-Sex Marriage

Another step closer to the Supreme Court.

Only Congress Can Do What’s Needed To Deal With The Border Crisis

That ball is in your court, Congress.

The Legal Battle For Same-Sex Marriage Is Headed To The Supreme Court

Assuming it accepts the appeal, Utah is giving the Supreme Court its high profile case for the October 2015 Term.

Law Enforcement or War? Both!

My latest collaboration with Butch Bracknell, “Ahmed Abu Khattala and the Miranda-Rights Question,” has posted in The National Interest.

10th Circuit Court Of Appeals Strikes Down Utah’s Same-Sex Marriage Ban

A big step forward for the challenge to state-based bans on same-sex marriage.

Federal Judge Rules No-Fly List Unconstitutional

The right to fly can’t be denied on mere whim.

The Redskins Trademark Decision Is Legally Dubious, And Troubling

However you feel about the Redskins name, the decision to retroactively repeal their trademarks is troubling on many levels.

Conservatives Attack Hillary Clinton For Being A Criminal Defense Attorney 40 Years Ago

Once again, Republicans are attacking someone for doing a job the Bill of Rights itself makes necessary and important.

More On Unlawful Command Influence

There’s essentially no analogue in the civilian justice system. Here’s why.

What Bowe Bergdahl Deserves

Not every soldier is a hero. Not even every POW.

Pennsylvania Will Not Appeal Same-Sex Marriage Ruling

And Pennsylvania makes it 19.

Texas High School Student Suspended For Refusing To Stand During Pledge Of Allegiance

A pretty clear violation of the First Amendment.

Supreme Court Voids $3.4 Million Restitution Award To Child Pornography Victim

The Court gets the result right, but their reasoning will make things much more difficult for courts, defendants, and victims.

Federal Judge Strikes Down Virginia’s Ban On Same-Sex Marriage

Another victory for marriage equality. This time from the state that gave us the Supreme Court’s landmark decision on interracial marriage.

Nevada’s Attorney General And Governor Won’t Defend Law Against Same-Sex Marriage

The fight for marriage equality takes another step forward.

Supreme Court Grants Stay, Halting Same Sex Marriages In Utah

For the time being at least, same-sex marriage is once again banned in Utah.

Federal Judge Rules Ohio Must Recognize Out Of State Same-Sex Marriage, Sometimes

A limited ruling out of Ohio with wide ranging implications.

Federal Judge Strikes Down Utah’s Ban On Same-Sex Marriage

A victory for same-sex marriage in an unlikely place.

Federal Judge Strikes Down Utah Law Against Polygamy, Or At Least Part Of It

A Federal District Court Judge struck down part of Utah’s law against polygamy brought by the stars of TLC’s “Sister Wives.”

Who Was The First “Democratically Elected” President Of The United States?

In 1789, George Washington took office after being elected by only a small portion of the population of the U.S. Does that mean he wasn’t “democratically elected?”

Federal Court Rules PPACA Contraceptive Coverage Mandate Unconstitutional

Another Federal Court has declared the PPACA’s contraceptive coverage mandate to be unconstitutional.

White House ‘Strongly Condemns’ Egypt Massacre

The Obama administration has issued a strongly worded statement on this morning’s massacre by the Egyptian government.

Senator Obama Warned About PATRIOT Act Abuses That Happened Under President Obama

President Obama is doing precisely what Senator Obama warned us about.

Guantanamo Detainees Will Get Parole-Style Hearings—Eventually

A late-night announcement that Gitmo detainees will get hearings raises more questions than it answers.

Due Process When Everything Is A Crime

Glenn Reynolds has an interesting piece out today in the Columbia Law Review.

Military Coup Underway In Egypt [Update: Morsi Deposed]

if reports are to be believed, there is a coup d’etat underway in Egypt.

James Holmes to Be Harnessed to Floor During Aurora Massacre Trial

James Holmes will be shackled like animal during his murder trial for no apparent reason.

Hutchins War Crimes Conviction Overturned; Implications for Manning

The conviction of Marine Sergeant Lawrence Hutchins III for war crimes in 2006 has been overturned.